4. Tamayo vs.

Pascua
Doctrine: Common Carriers; Relationship of Carrier and Passenger; Creation
There is concurrence of offer on the part of a commuter and acceptance on the part
of a common carrier to take the former as a passenger, where the commuter flags
down the bus to stop and the bus, and the bus slows down to a turtle pace along a
loading and unloading island, apparently in the act of allowing and enabling the
commuter to board it.
Common knowledge and experience; slowing down to allow passenger to board bus;
drivers duty.
A bus need not come to a dead stop to allow passengers to board it. It is enough
that it slows down to a negligible speed, allowing people to board it without danger
to their lives and limbs. This is a matter of common knowledge and experience in
the city of manila and suburbs. Under such circumstances it is a drivers duty to see
to it that every person who wants to board the bus is safe inside before picking up
speed and moving forward.
Use of diligence of a good father of a family, not a defense
The liability of a common carrier under article 1759 of the Civil Code does not cease
upon proof it had exercised all the diligence of a good father of a family in the
selection and supervision of its employees, which is a defense available only in
quasi-delict where no contractual relation between the injured and the one causing
the Injury exists.
Facts:
A bus of Royal Bus Co. passing the rotonda in Baclaran slowed down upon
approaching an island. There were several persons who were waiting for
transportation, among whom was Benito Tamayo. In view of the slow pace of the
bus which was a sign that bus was going to pick up passengers from the island,
Benito Tamayo succeeded in holding the handle at the entrance and placing his 2
feet on the first step of the running board, but all of a sudden the bus suddenly
increased its speed causing Tamayo to lose his balance and fall to the ground.
TC: Dismissed complaint on the ground that there was no contract of carriage. There
having been no offer from plaintiff communicated to the driver of the bus. Plaintiff
boarded the bus without signaling to the driver.
Issue: Whether there was a contract of carriage between the Royal Bus and
Tamayo.
Held: Yes
The testimony of a traffic officer who was near the place where the incident
occurred convinced the court that there was indeed a contract of carriage between
the parties since there was concurrence of offer on the part of a commuter and
acceptance on the part of a common carrier to take the former as a passenger,
where the commuter flags down the bus to stop and the bus, and the bus slows
down to a turtle pace along a loading and unloading island, apparently in the act of
allowing and enabling the commuter to board it. A bus need not come to a dead
stop to allow passengers to board it. It is enough that it slows down to a negligible
speed, allowing people to board it without danger to their lives and limbs. (See
doctrine)